Challenges in Regulating Human Services
Addressing the challenges in setting standards, monitoring activities, and changing behaviors within the realm of human services. The discussion revolves around the significance of NESC research, regulatory processes, and enforcement strategies.
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Presentation Transcript
NESC Conference, Quality & Standards in Human Services Croke Park, November 2012 Colin Scott University College Dublin
Significance of NESC Research Comparative mapping of major segment of social regulation wide variety and some outstanding practices shift towards regulatory model incomplete Learning complements control in regulatory governance Focus on learning supported by principles-based regulation Regulation accompanied by Meta-Regulation
Regulating Human Services: Three Challenges 1. How to Set the Standards? 2. How to Know What is Happening? 3. How to Change Behaviour? What have we learnt from NESC reports and what else do we need to learn and do?
Regulatory Process Norms (standard- setting) Feedback (information gathering) Rules or Principles? State or non-State? Process in Standard- Setting Inspection Self-Reporting/Monitoring User Feedback Third Party Monitoring Correction (behaviour modification) Deterrence or Compliance? Is Public Sector Different? System-Level Issues Meta-Regulation Triple-Loop Learning and Revisable Goals Participation in Networks
Changing Behaviour: Three Sided Enforcement Pyramid Authorization Revocation Prosecution Fixed payments State Undertakings Users, NGOs Unions Warnings Education & Advice Action for damages Action for damages Businesses Referral to agency Whistle blowing Complaint Complaint Source: Adapted from Grabosky 1997
What Next? Control address incomplete and fragmented regimes ensure credible capacity for detection and enforcement focus on outcomes development of diagnostic monitoring Learning foster operational learning within and between sectors use learning to revise regimes review balance between provision, regulation and meta-regulation More Research